# 13 C.F.R. § 128.408 (2026): What is the process for such an appeal?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_408

## Section

- **Citation:** 13 C.F.R. § 128.408 (2026)
- **Heading:** What is the process for such an appeal?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 13 CFR: Business Credit and Assistance / Chapter I: SMALL BUSINESS ADMINISTRATION / Part 128: VETERAN SMALL BUSINESS CERTIFICATION PROGRAM / Subpart D: Federal Contract Assistance / § 128.408: § 128.408   What is the process for such an appeal?

## Text

(a)
Notice of appeal.
When the contracting officer rejects a recommendation by SBA's Procurement Center Representative to make a requirement available for award as an SDVOSB contract, the contracting officer must notify the Procurement Center Representative as soon as practicable. If the SBA Administrator intends to appeal the decision, SBA must notify the contracting officer no later than five business days after receiving notice of the contracting officer's decision.
(b)
Suspension of action.
Upon receipt of notice of SBA's intent to appeal, the contracting officer must suspend further action regarding the procurement until the Secretary of the department or head of the agency issues a written decision on the appeal, unless the Secretary of the department or head of the agency makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract.
(c)
Deadline for appeal.
Within 15 business days of SBA's notification to the contracting officer, SBA must file its formal appeal with the Secretary of the department or head of the agency, or the appeal will be deemed withdrawn.
(d)
Decision.
The Secretary of the department or head of the agency must specify in writing the reasons for a denial of an appeal brought under this section.

## Nearby sections

- [13 C.F.R. § 128.400 (2026) § 128.400   What are VOSB and SDVOSB contracts?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_400.md)
- [13 C.F.R. § 128.401 (2026) § 128.401   What requirements must a VOSB or SDVOSB meet to submit an offer on a contract?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_401.md)
- [13 C.F.R. § 128.402 (2026) § 128.402   When may a joint venture submit an offer on a VOSB or SDVOSB contract?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_402.md)
- [13 C.F.R. § 128.403 (2026) § 128.403   What requirements are not available for VOSB or SDVOSB contracts?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_403.md)
- [13 C.F.R. § 128.404 (2026) § 128.404   When may a contracting officer set aside a procurement for VOSBs or SDVOSBs?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_404.md)
- [13 C.F.R. § 128.405 (2026) § 128.405   When may a contracting officer award a sole source contract to a VOSBs or SDVOSB?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_405.md)
- [13 C.F.R. § 128.406 (2026) § 128.406   Are there VOSB or SDVOSB contracting opportunities at or below the simplified acquisition threshold?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_406.md)
- [13 C.F.R. § 128.407 (2026) § 128.407   May SBA appeal a contracting officer's decision not to make a procurement available for award as a SDVOSB contract?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_407.md)
- [13 C.F.R. § 128.408 (2026) § 128.408   What is the process for such an appeal?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_408.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T13_P128_S128_408. Check the current official text before relying on it. Not legal advice.